SZGZH v Minister for Immigration & Citizenship [2007] FCA 486

FEDERAL COURT OF AUSTRALIA

SZGZH v Minister for Immigration & Citizenship [2007] FCA 486

MIGRATION – failure by Tribunal to give notice in writing to an applicant of medical opinion concerning the applicant obtained by the Tribunal during an adjournment of the Tribunal hearing Migration Act 1958 (Cth) ss 416, 420, 422B, 424A, 425, 425A, 426, 427(1)(b), 437 and 438 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 592 SZGZH v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2455 OF 2006

GRAHAM J

4 APRIL 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2455 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGZH

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GRAHAM J DATE OF ORDER: 4 APRIL 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal from the judgment of Nicholls FM of 29 November 2006 in matter number SYG 2211 of 2005 in the Federal Magistrates Court of Australia be allowed. 2. The orders made in the Federal Magistrates Court of Australia on 29 November 2006 be set aside. 3. A writ of prohibition issue directed to the first respondent prohibiting him from acting upon the second respondent's decision of 29 June 2005 handed down on 21 July 2005. 4. Writs of certiorari and mandamus issue directed to the second respondent quashing the second respondent's decision of 29 June 2005 handed down on 21 July 2005 and requiring redetermination of the appellant's Application for Review according to law. 5. There be no order as to costs in respect of the proceedings in the Federal Magistrates Court of Australia or in respect of the appeal in this Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA